With conviction overturned, Las Crucen is released from prison

LAS CRUCES &GT;&GT; It took time, perhaps longer than anticipated, but Las Crucen Daniel Consaul was released Thursday from the Lea County Correctional Facility in southeastern New Mexico.

On Aug. 21, the New Mexico Supreme Court reversed Consaul's 2008 conviction of alleged intentional and negligent child abuse causing great bodily harm. The ruling dismissed the conviction "with prejudice for lack of sufficient evidence," which means Consaul cannot be retried for the allegations against him. He was convicted after being found guilty of causing severe brain damage to his 10-week-old nephew in 2005.

"He's being released," said Alex Tomlin, New Mexico Department of Corrections spokeswoman, on Thursday. "It was a matter of getting all of the paperwork completed. Until you have all that paperwork in hand you can't do it (release him.)"

Tomlin added the state Supreme Court remanded the case back to 3rd Judicial District Court, which was then responsible for issuing an order to release Consaul. The order was then sent to the Department of Corrections, which forwarded it to prison administrators in Hobbs, N.M.

But the process of getting Consaul released from prison was frustrating to his family.

"Reading through cases online where the New Mexico Supreme Court dismissed cases with prejudice, the prisoners are released the same day," said Charles Consaul, who is Daniel Consaul's father, in an email sent Thursday to the Sun-News. "It has been one week since this decision, Daniel's attorney has filed a writ to expedite his release, but he remains incarcerated."

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Charles Consaul added he was concerned his son could have remained in prison during the Labor Day holiday.

"They (the New Mexico Department of Corrections) say they do not release prisoners on weekends or holidays so the final irony is that we may be taking another 14 hour trip to visit our son this weekend, only to turn around and make the same trip when they finally get around to releasing him," Charles Consaul said.

Tomlin said in addition to processing the paperwork for Consaul's release, there were other factors that had to be taken into consideration.

"It must be frustrating for the family," Tomlin said. "But there's a stringent process that has to be followed to make sure the prisoner's file is looked at. ...But you have got to have paperwork before you can release a prisoner, it's universal."

Consaul's release also involved a physical and medical evaluation, and a determination he would be adequately cared for after leaving prison.

"You don't want to release them without being prepared," said Tomlin, of prisoners' release. "The prisoner gets checked medically before being released and it's determined if they need any medications to take with them. If that's the case, then they're given a 30 day supply of needed medications.

"There's also something called 'gate money,' that's given to a prisoner if they have earned or qualified for it. That would be any money they have earned while serving in prison. You don't want to put a prisoner back out on the street with no place to go."

Tomlin said Consaul's mother was apparently on her way to Hobbs to pick up her son. Tomlin couldn't say if Consaul was returning to Las Cruces, or where he might be headed after his release.